Temperature Control Features In VW Production Cars Are Illegal And Dangerous

JAKARTA - The judge of the European Union's top court on Thursday, September 23, ruled that Volkswagen AG's software used to modify pollutant emissions based on temperature and altitude was illegal. Unless they prevent potentially dangerous sudden damage to the machine.

The findings, confirmed by the European Union Court of Justice, are the latest in a series of cases following the German automaker's 2015 admission of wrongdoing in the Dieselgate scandal.

Volkswagen says temperature windows used on VW group vehicles are permitted because its purpose is to prevent the risk of sudden and immediate engine damage.

The case, brought by a consumer in Austria to court, centers on software controlling a valve that recirculates exhaust gases from the engine outlet. This reduces the emission of nitrogen oxides (NOx), which can actually cause respiratory problems in humans.

The software shuts off the valve at temperatures outside the 15-33 Celsius (59-91 F) range and at altitudes above 1,000 meters (3,280 ft), increasing NOx emissions. Consumers think this is a prohibited faulty device, and they should be compensated because VW made the mistake.

In his legal opinion, CJEU attorney general Athanasios Rantos noted an EU court ruled last December that software that regulates emissions is illegal. Even if that application contributes to preventing engine aging or clogging.

Rantos said the temperature window did not represent real driving conditions in Austria and other neighboring Germany, as the average temperature was significantly lower than 15 C. Vehicles were also often driven above 1,000 meters.

The software is a "destroyer", he said, and can only be justified if a valve malfunction has a sudden impact on the engine, such as a power outage while driving, even if the vehicle is undergoing routine maintenance.